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must sell mis-priced displayed merch?

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beryl101

Junior Member
What is the name of your state? california

Operating a retail jewelry chain store in nor.cal. where a sales person mistakenly put a necklace that had a sale price of $499.00, on a display pad that had a sale price tent card in front of it reading $99.00! Of course, the corect merch that was on sale for $99.oo, was incorrectly put on a display pad with a tent card on it for $499.00.
Ultimately, a customer came in and demanded he be allowed to purchase the incorrectly priced necklace for the $99.00!
Do I have to sell this item just because it was displayed in the window and priced? Can i decide not to sell something to somebody at any time?
 


racer72

Senior Member
No, you don't have to sell the item for $99. A misplace price tag does not constitute a binding contract. Tell him to take a hike.

Perhaps you could use this disclaimer if you want to have a bit of fun. :)
 

I AM ALWAYS LIABLE

Senior Member
beryl101 said:
What is the name of your state? california

Operating a retail jewelry chain store in nor.cal. where a sales person mistakenly put a necklace that had a sale price of $499.00, on a display pad that had a sale price tent card in front of it reading $99.00! Of course, the corect merch that was on sale for $99.oo, was incorrectly put on a display pad with a tent card on it for $499.00.
Ultimately, a customer came in and demanded he be allowed to purchase the incorrectly priced necklace for the $99.00!
Do I have to sell this item just because it was displayed in the window and priced? Can i decide not to sell something to somebody at any time?

My response:

What is the County name where the store is located?

IAAL
 
beryl101 said:
What is the name of your state? california

Operating a retail jewelry chain store in nor.cal. where a sales person mistakenly put a necklace that had a sale price of $499.00, on a display pad that had a sale price tent card in front of it reading $99.00! Of course, the corect merch that was on sale for $99.oo, was incorrectly put on a display pad with a tent card on it for $499.00.
Ultimately, a customer came in and demanded he be allowed to purchase the incorrectly priced necklace for the $99.00!
Do I have to sell this item just because it was displayed in the window and priced? Can i decide not to sell something to somebody at any time?
Contracts 101 in law school. A price that is listed for an item is an "invitation to an offer" and not an offer. No, you don't have to sell it for $99.00.
 

I AM ALWAYS LIABLE

Senior Member
Rhubarb297 said:
Contracts 101 in law school. A price that is listed for an item is an "invitation to an offer" and not an offer. No, you don't have to sell it for $99.00.

My response:

Then you better go back to school, "DiarrheaBarb". California has specific laws in this regard when it comes to retail store pricing. That's why I asked for the County name.

Stay off of California threads, "Rhuboob". You're in Podunk, Indiana, and have no knowledge of California law.

Jeez, what a numbnuts idiot.

IAAL
 
I AM ALWAYS LIABLE said:
My response:

Then you better go back to school, "DiarrheaBarb". California has specific laws in this regard when it comes to retail store pricing. That's why I asked for the County name.

Stay off of California threads, "Rhuboob". You're in Podunk, Indiana, and have no knowledge of California law.

Jeez, what a numbnuts idiot.

IAAL
Oh, and exactly where did you get your law degree? You're not a lawyer. Don't you think it's time you stop pretending to be one? Watching an episode of Matlock doesn't make you qualified to give legal advice.

What relevance is the county? Do you think it is a county ordinance? You do know the difference between a statute and and ordinance don't you?
 

I AM ALWAYS LIABLE

Senior Member
Rhubarb297 said:
Oh, and exactly where did you get your law degree? You're not a lawyer. Don't you think it's time you stop pretending to be one? Watching an episode of Matlock doesn't make you qualified to give legal advice.

What relevance is the county? Do you think it is a county ordinance? You do know the difference between a statute and and ordinance don't you?


My response:

Stanford, for your information. But, who cares what you think?

The only person "pretending" to be a lawyer, is you! Indiana doesn't qualify you to practice law in other States. STAY OFF OF CALIFORNIA THREADS.

And, for your information, California has a Department of Consumer Affairs which, in conjunction with the California Government Code, each county has promulgated specific ordinances in this regard, that each County uses, which are fashioned to meet that county's particular needs. That's why I need the County name, FOOL.

But, you wouldn't know that because you're an idiot from Indiana.

There's not a whole hell of a lot that you DO know.

What a numbnuts. And now, you've proved you're brain dead too, trying to practice law outside of good ol' Podunk, Indiana.

Just sit back, wait for our writer to tell us his/her county name, and then watch how the real attorneys practice law. You might "overhear" something that you can use.

IAAL
 
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beryl101

Junior Member
mis-priced continuance

Also, the necklace had a "string tag" attached to it which has the sku number of the piece and the regular price of $795.00 printed on it.
It was on "sale" (incorrectly) for $99.00, because the element it was displayed on had a red tent card attached to it reading $99.00!

The store employee setting up the window before opening didnt realize
she had made the error.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Obviously, this issue wasn't important enough for you to come back sooner than two days after your initial post. I did most of the research, and all I needed to complete the research and answer was your County name. Suffice it to say, I deleted my research when you didn't come back.

So, I'll let the dimwit idiot from Indiana help you. Next time you ask a question on this site, make sure it's important enough for you to come back sooner than 48 hours.

Here's a clue for you: Your answer is found in the California "Weights and Measures" State laws, and also their equivalents in your County Municipal Codes.

IAAL
 
I AM ALWAYS LIABLE said:
My response:

Obviously, this issue wasn't important enough for you to come back sooner than two days after your initial post. I did most of the research, and all I needed to complete the research and answer was your County name. Suffice it to say, I deleted my research when you didn't come back.

So, I'll let the dimwit idiot from Indiana help you. Next time you ask a question on this site, make sure it's important enough for you to come back sooner than 48 hours.

Here's a clue for you: Your answer is found in the California "Weights and Measures" State laws, and also their equivalents in your County Municipal Codes.

IAAL
I'm still waiting for the dimwit, who is apparently from California, to post the California law that says a merchant who has an employee who accidently posts the wrong price on merchandise means the merchant has to sell it for that mismarked price. (You "deleted" your research...how funny.) Your idiotic position means that if a clerk accidently markes a $10,000 item with a price tag for $10 the merchant has to sell it for that. How much sense does that make? Now, I'm not talking about a merchant who intentionally mismarks the price of an item. That isn't the fact situation you're dealing with. You do know to focus on the relevant facts, don't you?

IAAL, I've challenged you on here before after you continued to provide false legal information on these boards. Your signature falsely implies you are an attorney. You need to 1) either produce your bar information or 2) stop making the false representation that you are an attorney.

I am an attorney and have produced my bar information #13737-49, Fall of 1987, in good standing, State of Indiana.

Okay, now it's your turn. The silence in here is deafening.
 
Last edited:
beryl101 said:
Also, the necklace had a "string tag" attached to it which has the sku number of the piece and the regular price of $795.00 printed on it.
It was on "sale" (incorrectly) for $99.00, because the element it was displayed on had a red tent card attached to it reading $99.00!

The store employee setting up the window before opening didnt realize
she had made the error.
Sir or Madam,

IAAL is not an attorney, nor could he pass the first year of contracts in law school. He thinks the UCC is the University of Central Connecticut. Do not listen to him.

Tell, the chump (the prospective buyer) to take a hike.
 

BelizeBreeze

Senior Member
I AM ALWAYS LIABLE said:
My response:

Obviously, this issue wasn't important enough for you to come back sooner than two days after your initial post. I did most of the research, and all I needed to complete the research and answer was your County name. Suffice it to say, I deleted my research when you didn't come back.

So, I'll let the dimwit idiot from Indiana help you. Next time you ask a question on this site, make sure it's important enough for you to come back sooner than 48 hours.

Here's a clue for you: Your answer is found in the California "Weights and Measures" State laws, and also their equivalents in your County Municipal Codes.

IAAL
You wouldn't be talking about a 17200 case action would you ???
 

I AM ALWAYS LIABLE

Senior Member
BelizeBreeze said:
You wouldn't be talking about a 17200 case action would you ???


My response:

No, I'm not talking about the B&P Code. I want to see how long it takes RhuStupid to come up with the actual answer. He thinks California law should be like Podunk, Indiana law. You'll notice he thinks it's strictly a "contract" matter, and that no other laws apply to retailers.

The guy is a numbnuts. Also, I already wrote I'm a Stanford Law graduate, but do you think he reads? He ACTUALLY thinks I'd be stupid enough, like him, to post my Bar number on an Internet chat forum. I'll let HIM attract all the crazies.

IAAL
 

BelizeBreeze

Senior Member
Podolsky (1996) 58 CR2d 89, 50 CA4th 632; State Farm Fire and Cas. Co. v. Superior Court (1996) 53 CR2d 229, 45 CA4th 1093.

People v. Casa Blanca Convalescent Homes (1984) 206 CR 164, 159 CA3d 509.

I guess Indiana hasn't heard of strict liability yet.
Podolsky (1996) 58 CR2d 898, 50 CA4th 632. UCL imposes strict liability; it is not necessary to show that defendant intended to injure anyone – State Farm Fire and Cas Co. v. Superior Court (1996) 53 CR2d 229, 45 CA4th 1093; Hewlett v. Squaw Valley (1997) 63 CR2d 118, 54 CA4th 499.

:D
 

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